Most Charges Dropped In Copter Caper

Pilot To Take Remedial Operator Training

September 21, 2002|By PATTI ROSENBERG Daily Press

WILLIAMSBURG — When all the dust settled, the infamous helicopter caper of earlier this summer turned out to be much ado about nothing. Nearly all the charges against everyone were dropped Friday in Williamsburg-James City County General District Court.

This was the case in which John Chwaszczewski, 52, admitted to police -- and every news media representative who called or visited him -- that he shot at a helicopter that landed in his neighborhood July 13, thinking it was terrorism-related. He said he fired two shots from an AR-15, a semiautomatic assault-style rifle.

A semi-retired construction worker from Port Monmouth, N.J., who owns a vacation home on Magruder Lane in James City County, Chwaszczewski blamed his edginess on the Sept. 11 attack on the World Trade Center. He said he watched through binoculars as the second plane hit one of the towers, and it came crumbling down.

So he was alarmed when a helicopter swooped down near his house and picked up a man on the ground.

But they weren't terrorists.

Just a Williamsburg man -- John S. Sutton, a licensed helicopter pilot -- landing in a vacant field to pick up a friend -- Chwaszczewski's neighbor, John Peters. Their goal was no more complicated than taking the chopper for a little spin.

Police ultimately charged Sutton, 54, of the 300 block of Indian Springs Road, with recklessly operating an aircraft, a misdemeanor with a maximum sentence of one month in jail and a $100 fine.

Chwaszczewski was charged with interfering with an aircraft, discharging a firearm in a public place, reckless handling of a firearm and assault, for which he could have received up to eight years in prison and $10,000 in fines.

Both men were scheduled for trial Friday, but Deputy Commonwealth's Attorney Rich Rizk withdrew all the charges against Chwaszczewski, citing a lack of evidence to corroborate his confession.

According to defense attorney Pat Kelley, Chwaszczewski has recently developed some mental health problems and has talked about committing other crimes that never occurred.

Sutton, while formally maintaining his innocence, accepted a plea agreement from prosecutors. If he takes three hours of remedial training in operating a helicopter and remains on good behavior for six months, the charge against him will be dismissed.

According to a summary of the evidence that Rizk read in court:

Sutton and Peters had scouted out the area the day before to make sure it was safe to land there. Peters was supposed to alert neighbors but didn't follow through. On the morning of the landing, Peters signaled Sutton that there were no children or dogs around and that it was safe to come down.

Michael B. Ware, a Newport News attorney who represented Sutton and who is also a pilot, said there was nothing dangerous about what his client did. But it easily could have alarmed neighbors, he acknowledged.

Sutton declined to talk to newspaper reporters as he left the courtroom. But he told a WAVY-TV 10 reporter that he wanted to apologize to residents of the neighborhood, who should have been notified that he planned to land. He said when he landed, he thought they had been notified.

WAVY-TV 10 contributed to this report.

Patti Rosenberg can be reached at 229-5751 or by e-mail at prosenberg@dailypress.com